Judge: Gay alimony legal but marriage not

NEW YORK, Jan. 9 (UPI) -- A New York judge ruled the former same-sex partner of a businessman can keep $780,000 in alimony even though their Massachusetts marriage was invalid.

State Supreme Court Justice Phyllis Gangel-Jacob ruled that gay couples do have the legal right to sign binding financial agreements in New York even if they cannot legally get hitched, the New York Post reported. She called the argument by a lawyer for Steven Green that the agreement depended on marriage "disingenuous."

Green, a millionaire real estate investor in Westchester County, and David Gonzalez began a relationship in 2001. At the time, Gonzalez was a student with no assets, but Green gave him gifts that included two cars and a Massachusetts ski house.

The couple married in 2005 in Massachusetts but split up a few months later. Under their separation agreement, Gonzalez returned the ski house in exchange for a $780,000 payment.

Gonzalez filed for divorce, citing "cruel and inhuman treatment," while Green argued that they could not get divorced since they had never been married. Green won his point on the marriage but not on the money.